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rojo's avatar

If a Republican wins the Presidency this year what will happen to the legalization laws for Marijuana laws in Oregon, Washington and Colorado?

Asked by rojo (24179points) January 8th, 2016

It still remains illegal under federal law. Is it likely the federal government will reimpose restrictions on those states that have legalized it?

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15 Answers

JLeslie's avatar

I think it depends who wins. Christie seems to be making drugs part of his platform, so he would be sure to address the matter. Trump is pretty anti alcohol and drugs (for very personal and good reasons) but I think his position is to leave it to the states for recreational use. Medical MJ is a separate matter.

I don’t know about the other candidates.

Rarebear's avatar

Likely nothing.

majorrich's avatar

I don’t think federal laws can be more restrictive than state laws. It is likely where there may be (redundant) legislation making marijuana use illegal, states can make laws otherwise. Kind of like prostitution is allowed in Nevada, but not in Illinois.

Darth_Algar's avatar

Not sure what restrictions the government, especially the President, could impose upon the states.

Rarebear's avatar

@majorrich Actually, Federal trumps State. If the Feds wanted to enforce marijuana laws in states that have it legalized they could. It would just be extremely bad politics for any administration to do so.

gondwanalon's avatar

Too late. The cat is out of the bag. A Republican President will have far more important issues to attend to like repealing Obama-Care, scaling back entitlements, bringing down the National Debit, and fighting Islamic terrorism. Oh and of course making America great again.

MollyMcGuire's avatar

Nothing will happen to those state laws. Those state laws do not affect the Federal law which has not changed and which existed when the states legalized pot.

msh's avatar

That the Republicans may now have to be the ones to arrange and pay for the longer flights out West to restock their stashes?
They might opt for 4th class, cheaper flights with many layovers, however.
Oh, unless Trump uses his private jet for such national efforts….~~~~~~~~~~~~~~~IMHO

kritiper's avatar

No change. Those are state items, not national.

Hypocrisy_Central's avatar

Hopefully they will be treated like tobacco smokers.

MollyMcGuire's avatar

@kritiper. Federal law criminalizes any and all possession of marijuana. That means everywhere in the country. The states can’t pass laws to change that. Even if it’s legal in Washington, Federal law enforcement may and can still go into Washington and enforce the Federal law.

Darth_Algar's avatar

@MollyMcGuire

True, but at this point the feds have nothing to gain from such a move.

rojo's avatar

Can’t we fall back on the old adage that since the constitution did not specifically give the right to criminalize drugs to the Federal Government then it is a States Rights issue?

MollyMcGuire's avatar

@Darth_Algar They never had anything to gain. If the feds ever “really” decide to not enforce the law, the law should be repealed. As it is it’s basically a political ball and something for the tyrants to hold over the head of states to “encourage” federally acceptable behavior. I wouldn’t want to use words like coerce.

Darth_Algar's avatar

@MollyMcGuire

What I’m saying is that the Feds aren’t going to start butting heads with the states where it’s legalized. That particular fight just isn’t worthwhile for them. And Washington and Colorado – that’s just the start. There will be more and more states legalizing marijuana. The Feds may still go after large-scale interstate criminal distribution rings from time to time, but I think for the most part marijuana is now basically a non-issue as far as federal law enforcement is concerned. Like I said – they’re not going to start butting heads with the states over this.

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